1. |
Total number
of initial determinations not to comply with a request for records made
under subsection 552(a): |
|
NOAA denials or partial
denials: |
48 |
|
2. |
(a) Authority
relied upon for each such determination: |
|
Exemptions in
552 (b)
b(4)
b(5)
b(6)
b(7)(a) |
Number of Times
Invoked
28
7
12
1 |
(b) Statute(s) invoked
pursuant to Exemption No. 3:
Statutory
Citation
16 U.S.C. Section
1853(d) |
Number of times
Invoked
None |
(c) Other
Authority:
Reason
N/A |
Number of Times
Invoked
None |
|
3. |
List the name
and title or position of each person who is responsible for the initial
denial of records requested and number of instances of participation of
each: |
|
Name |
Title |
Number of
Instances
|
Kelley C. Sandy |
Director, Western Administrative
Support Center |
16
|
Martha Lumpkin |
Director, Central Administrative
Support Center |
1
|
Richard E. de la
Menardiere |
Director, Acquisition, Grants,
and Facility Services Office |
24
|
William O.
Mehuron |
Director, Systems Acquisition
Office |
2
|
Rolland A.
Schmitten |
Assistant Administrator for
Fisheries |
3
|
Jay Johnson |
Deputy General Counsel
NOAA |
1
|
Maria C. Krug |
NOAA FOIA
Officer |
1
|
|
4. |
Total number
of intra-agency appeals from adverse initial decisions made pursuant to
Subsection (a)(6). |
|
(a) |
Number of appeals
in which, upon review, the request for information was granted in
full. |
None |
(b) |
Number of appeals
in which, upon review, the request for information was denied in
full. |
None |
(c) |
Number of appeals
in which, upon review, the request for information was denied in
part. |
None |
|
5. |
Specify the authority relied
on for total or partial denials on appeal. |
|
(a) |
Exemptions
in 552(b)
None |
Number of Times
Invoked
0 |
|
(b) |
Statutes invoked
pursuant to Exemption No. 3: |
|
Statutory Citation
None |
Number of Times
Invoked
0 |
|
(c) |
Other Authority |
|
Reason
N/A |
Number of Times
Invoked
0 |
|
|
6. |
List name and
title of each person who, on appeal, was responsible for the denial in
whole or in part of records requested and the number of instances of participation
of each. |
|
Name
None |
Title
N/A |
Number of Instances of
Participation
N/A |
|
7. |
Provide a copy
of each court opinion or order giving rise to a proceeding under Subsection
(a)(4)(F); a copy of the Merit Systems protection Board findings and recommendations
of each such proceeding; and a report of the disciplinary action taken
against the officer or employee who was primarily responsible for improperly
withholding records or an explanation of why disciplinary action was not
taken. |
|
None |
8. |
Provide an up-to-date
copy of all rules or regulations issued in 1996 pursuant to or in implementation
of the Freedom of Information Act (5 U.S.C. 552). |
|
Information for this item
is provided by the Department Office of General Counsel. |
9. |
Provide the
total dollar amount of fees collected for making records available. |
|
$5,484.64 |
10. |
Provide the following information: |
|
A. |
A list of all
new categories or segregable portions of records now released upon request. |
|
NOAA has not listed new categories
or segregable portions of records during FY 1997. |
B. |
Total noncollectible
costs incurred in administering the Act. N/A |
|
Estimated Executive and Administrative
Officials' involvement, including Staff Attorney involvement:
N/A |
C. |
Fee waivers activity specified
below: |
|
The Justice Department
issued interim fee waiver policy guidance for administering the Act's provision
for waiver or reduction of search and duplication fees in January 1988.
NOAA's fee waiver activity is as follows:
- The number of requests for
fee waivers: |
1 |
- The number of fee waiver
requests granted: |
1 |
- The number of fee waiver
requests denied: |
0 |
- The number of fee waiver
requests in which fees were reduced: |
0 |
- The number of fee waiver
denial appealed: |
0 |
- The number of appeals upheld: |
0 |
- The number of appeals reversed: |
0 |
- The number of appeals reversed
in part: |
0 |
|
D. |
Compliance with time limitations: |
|
(I) |
Number of instances
in which requests were answered within the 10-day time limitation: |
238 |
(II) |
Number of instances
in which it was necessary to seek a 10-day extension of time, broken down
as follows: |
|
|
(a) Additional
time to search for records from field facilities: |
64 |
(b) Additional
time to examine voluminous amounts of records: |
63 |
(c) Additional
time for interagency consultation: |
0 |
(d) Late payment of
FOIA fees |
45 |
(e) Other reasons |
34 |
|
|
III. |
Number of instances
where court appeals were taken on the basis of no response within the time
limits: |
0 |
IV. |
Number of instances
where the court allowed additional time:
Provide a copy of each court
opinion or order granting additional time: |
0
N/A |
V. |
Number of instances
in which the requester voluntarily agreed to a time extension: |
127 |
|
E. |
Internal Memoranda: |
|
Furnish a copy of all unpublished
internal memoranda or instructions for bureau personnel to follow in administering
the Act. Indicate whether the document is publicly available, and if not,
the basis for withholding. |
N/A |
|
F. |
Total Requests: |
|
Total number of requests logged
in by your facility. Include requests which were logged and processed
simultaneously under both the FOIA and Privacy Act. |
444 |
|
G. |
Litigation:
Describe any litigation relating
to FOIA in which the Office of General Counsel was involved during FY 1997.
Information for this item is
provided by the Department Office of General Counsel. |
H. |
Provide additional comments
as appropriate. |
|
Total number of requests NOAA
received from the DOC Freedom of Information Office: |
58 |
|
|